Ga. Comp. R. & Regs. R. 111-8-62-.29 - Discharge or Transfer of Residents

(1) The administrator or on-site manager must contact the representative or legal surrogate, if any, when there is need for discharge or transfer of a resident. The home must provide 30 days' written notice of its intent to discharge or transfer the resident unless an immediate transfer is required. The written notice must be issued to both the resident and the representative or legal surrogate, if any.

(2) In all cases, except those requiring immediate transfer pursuant to Rule 111-8-62-.28, residents whose needs cannot be met by the home or who no longer choose to live in the home must be discharged or transferred to an appropriate facility based on discharge and transfer procedures entered into at the time of admission. Where the resident is incapable of making informed decisions and there is no representative or legal surrogate or the representative or legal surrogate is unwilling to act, the administrator or on-site manager must petition the probate court in the county where the home is located for an order authorizing the discharge or transfer. The transferring home must provide a copy of the resident's file to the receiving facility prior to or at the time of transfer.

(3) Where the Department has reason to believe that a resident is receiving or requires continuous medical or nursing care, the Department may require the home to discharge the resident. However, the provision of medical, nursing or health services required by the resident on a periodic basis or for a short-term illness, where such services are not provided by the home is permissible.

(4) Upon discharge or transfer of the resident, the home must refund to the resident or representative or legal surrogate, if any, any security deposit made to the home by or on behalf of the resident in compliance with O.C.G.A. § 44-7-30et seq.

Notes

Ga. Comp. R. & Regs. R. 111-8-62-.29

O.C.G.A. Secs. 31-2-7, 31-2-9, 31-7-2.1, 44-7-30et seq.

Original Rule entitled "Immediate Transfer of Residents" adopted. F. Nov. 19, 2009; eff. Dec. 9, 2009. Amended: New Title "Discharge or Transfer of Residents". F. Dec. 19, 2012; eff. Jan. 8, 2013.